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tv   Studio B With Shepard Smith  FOX News  March 1, 2010 3:00pm-4:00pm EST

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kelly@foxnews.com or on twitter. "studio b" starts now. >> news begins aannouncement first from fox, three boxes full. number one, democrats getting ready to use a controversial senate rule to move healthcare reform. the possible risks and rewards. >> the search for chelsea king, the honor roll student to disappeared after a run in the park. police arrested a suspect with a disturbing past. box number 3, handguns in chicago. the u.s. supreme court expected to hear a case that could effect not just the windy city but millions of americans. does the right to bear arms extend to the states. judge napolitano breaks it down. >> the clock is ticking as the
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search for survivors continues in chile. the emergency workers are digging to reach folks trapped by collapsed apartment buildings. it's been more than two days since the 8.8 magnitude wake. one of the largest on record in centuries. the quake was 500 times more powerful than the one in haiti in january. according to the chilean government half a million homes have been damaged or destroyed. at the same time we're told looting in the quake zone is getting worse. people are stealing gasoline. a supermarket is on fire. police are patrolling towns, using tear gas. rescue efforts are focused on the city of con con accepts on. the area there was hard hit because first came the quake. and then the powerful tsunami
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waves. then a series of devastating aftershocks. phil keating is live in sanity an go approximate approximate people were tapping on the concrete walls. here on the surface, there are not supposed to be 18 wheelers and a multiple line of busses and other smaller trucks, but this is what has become after this massive section of this national highway, a major north-south highway through the capital came crashing down 15 to 20 feet saturday morning when the 8.8 magnitude rocked the region. seven cars ended up on top of that, upside down, on their side. one nose down on the surface street, all in the last few minutes removed by that large
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orange crane. however obviously it will take many months to clean this out, repair the highway and remove this traffic headache which currently snarls all through the santiago. most intersections have not lights. every block has several piles of rubble. the first monday after the earthquake, people trying to get to work but a lot of people are spending the day cleaning rubble from where they live and their offices. as for the rescues, they continue. looting was bad sunday and a little bit did resume today. however, president michele bachelet's reverts to have the military intervene is helping. >> phil keating live in chile, keep us updated.
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>> on healthcare, word that democrats are facing unwavering pressure to scrap plans may try to pass a bill without any republican support. nancy pelosi urged fellow democrats to basket overhaul no matter what the politic cost. >> the american people need it. we're not here to self pro pet wait our service in congress. >> that's from this week on abc. republicans this weekend renowed called to star from crash and eric cantor warned democrats if they try to go alone, they could pay a pie -- high political price in november. >> if spoker pelosi tries to ram this healthcare bill through the house, the democrats will lose their majority in november. >> it's a possibility. major garrett is live where robert gibbs wrapped up a
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briefing. what are you hearing from there? >> there are more important comments today from speaker pelosi. she said in a denver that on wednesday, president obama will put forward a proposal that in her word will be much smaller than the one passed by the house or senate. when i asked robert gibbs about that, he said he would not disagree globally with what she said but the overall summary. it means the white house and democratic allies may be shrinking the current proposals, adding ideas from republicans. i talked to melody barns a couple hours ago and she said the white house staff is working hard to incorporate republican ideas they heard thursday and the new reform lated proposal could have more republican ideas and be smaller in scope which means less expensive and possibly garner republican votes.
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>> republicans have within staunch in insisting they should abandoned the whole thing but we hear the president will tackle this wednesday and may talk about what is next? >> that's right. he's going to talk about the new content, a new bill. not full blown but a proposal the white house says that replaces what the white house put up on the website a week ago today. this is a fluid situation, and again, we'll hear from the president wednesday. it's not an oval office address with formal trappings but the president's way of explaining what he's for and willing to sign and try to fine republicans to sign on. >> major, thanks a lot. >> etch -- every day, every way, fox news is on the job hunt. with benefits running out for 1.2 million americans yesterday, a top senate republican expects to extended benefits.
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the legislation stalled friday after it was blocked by a republican of kentucky. he said congress had yet to find money to pay for it. john kyle yesterday defended senator bunting saying pushing the bill through would vital the government's pay as you go rule for legislation, it was passed just last month. senator kyle added since the measure is temporary it should pass as early as tomorrow. >> investigators finding pieces of clothing we now know from a missing teenage honor roll student. clothing with the dna of the main suspect, according to local reports. cops will not confirm or deny it and fox news has not independently confirmed. the suspect is a registered sex offender in custody for murder and rape and other attacks as well. 17-year-old chelsea king disappeared after she went for a run last thursday. investigators found her car at
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the rancho bernardo community park in san diego. but so far, no sign of her. about 1400 volunteers searched the park this weekend and other handed out fliers with her picture. sunday homicide investigators arrested john albert gardner. a live look in san diego where search teams fanned out across a lake near the park where the teenager disappeared. our chief fox report correspondent jonathan hunt is monitoring. what do we know with the suspect. >> first what was confirmed by the cops in san diego and that is that they found what they call several pieces of physical evidence that enabled them to link john albert gardner to the incident. some local reports, one local tv station reports chelsea king's mother said today among the pieces of physical evidence was
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chelsea's underwear and it may have been dna from the underwear that took police to them but we have not independently confirmed that as yet. as for the suspect, john albert gardner is 30, his mother has a home just about one mile from the spot where chelsea king is thought to have disappeared. he has a previous conviction for lewd and lascivious acts with a child under 14. >> what's word he may be linked to another case. >> they're looking at an incident that happened december 27 in the same park, a jogger from colorados are visiting. she was out jogging and says a man attacked her, demanded money. she gave the cops a description of the man and that description apparently is very similar to this of john albert gardner. >> how is the family doing? >> it's a terrible time for them obviously. they say they're not giving up hope and set up a facebook page to help in the search for what
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they call their beautiful, gifted daughter, chelsea king. they're doing everything they can and they say they will not rest until, quote, chelsea comes home. >> jonathan hunt in our newsroom. thank you. still ahead on "studio b," hear from one of the cousins of the missing girl and more reaction from the family. jonathan hunt is live on this topic at foxnews.com/shep. this is the main page, go to the right, that's jonathan, click on that and you can be a part of the chat. tell us what you think at foxnews.com/shep. a sobering warning about iran. the nuclear watchdog says it can't be sure all of tehran as nukes are for peace. chile's deadly earthquake. our next guest lives in the country's capital and witnessed the quake.
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>> in addition, we hope you're with us tonight for the fox report 7:00 eastern, 6:00 central a special edition with limited commercial interpretations. a full hour with but two minutes of commercials. "studio b" continues in 90 seconds.
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. fox urgent. just coming in, a federal judge just ruled the main suspect in the elizabeth smart kidnapping case is competent to stand
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trial. this comes nearly eight years after federal prosecutors say he grabbed the then 14-year-old girl from her bedroom, performed a kind of marriage ceremony and raped her repeatedly for years during captivity. in the past experts found he was not competent. he started singing during court proceedings, something the judge said he said to create the impression he's insane. experts say the suspect surface from a range of disorders, unruly beard not one. gnar sististic personality and pedophilia but he's not psychotic or delusional. he's competent to stand trial. >> in chile, a catastrophe of unthinkable magnitude is what the president there calls the earthquake. as first the chilean government was hesitant to accept foreign
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aid for relief but they now welcome assistance. the top priority, medical supplies and rescue crews to assist people tigging through the rubble 2 1/2 days straight. a satellite photo of santiago and the dust and smoke kicked up by the quake. santa santa -- santiago is 200 miles from the epicenter. with us, benjamin whit. i understand you were there as the rattling began. >> yeah, it hits about 3:40 in the morning and we woke up, the house shook like crazy. >> i hear this one shook for a long time. >> yeah, it started slow. i've been through quakes before so i thought it would run its course but it kept going and going. most people i talked to and it's my experience we thought the
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buildings were going to come down. >> there are cities more badly damaged but it's not as if santiago was spared. >> absolutely. my father, for example, was a distance from santiago and assumed it wasn't bad but that was not the case. i was out and about today and some of the damage here is extensive. >> as a matter of fact we're showing your pictures. some big buildings suffered a lot of damage. one of those pictures, i used to live in that room about three years ago. the balcony is gone now. >> i saw that a few pictures ago. i know of which you speak. what's your sense of how well the rescue efforts are going? >> i think it's starting to pick up speed. the problem here is access. in the first couple days, some
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limited number of authorities went down on helicopters because it was the only way to get to the hardest hit areas near the epicenter and you know, just -- it's been -- people could get in by boat or helicopters but the airports are closed. roads are closed and bridges are out along the main highway going south but it's start to open up. airport has started receiving flights and there are some busses now heading down south. what normally takes about five hours is now taking 18 hours right now. >> conconcepcion is a mess. we just got word from the u.s. state department chile requested water, emergency field hospital and help with communications and the united states will spend that right away. i guess the needs are many and widespread. >> absolutely. people i talked to today,
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everyone said yeah, bring it on. any help we can get. we need it at this point. i think there's a little bit of a delayed reaction -- not just by the authorities but by people in general. at least in santiago to appreciate how devastating this was but at this point it's clear all of a sudden a major disaster. >> indeed it is. benjamin whitt, a free lance reporter and there at the time. this show destruction across the nation. sad days for chile as the cleanup and rescue continues. all the best to you and yours. the head of the united nations nuclear watchdog agency can't firm whether all of iran's nuclear operations are peaceful. this comes after iran announced
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last month it reached a new milestone in the enrichment of uranium, a nuclear fuel for reactors or weapons. iran insisted it plans to use the material to make cancer-fighting medical isotopes, not bombs. >> the u.s. supreme court is preparing for a key case now involving the handgun laws in a major american city. the hearing comes two years after a court made a controversial ruling in washington, d.c. does the second amendment apply only to the federal government or state and local as well. judge andrew napolitano weighss in on it.leromi that's next. a unique program that gives me... the support i need, free. free ss to a certified diabetes educator... so i can ask about diet and the insulin i use. i got a free meter. and test stridiscounts. so i can spend more on what i really want.
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he's serving a decade prison sentence for the role in enron
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but jeffrey skilling is asking the supreme court to throw out his conviction. he's appealing his 2006 trial in houston, claiming it was unfair because it took place in enron's hometown and it cost the community jobs and money. the u.s. supreme court is also expected tomorrow to hear a challenge to the chicago ban on handguns. does the second amendment to the constitution, its right to keep and bare arms extend to the local government. it's considered by many to the one of the strictest in the nation but because d.c. is a federal district the ruling does not apply to states. the lead plaintiff in this case is 76-year-old otis mcdonald. he calls himself a democrat and a lifelong hunter, spent most of his life in chicago's morgan
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park neighborhood. his home has been robbed a handful of times and he's been threatened with a gun while sitting in his car. with us, judge napolitano. this is a evident to put a different face on the, a democratic, a african-american man. >> against the city of chicago which has the type of near total handgun band that the district of columbia had. the supreme court opinion that's two years old is called heller. the plaintiff was a cop who used the gun at work but wasn't allowed to have it in his house. the supreme court in ruling in favor of this cop and invalidating the d.c. ban said the second amendment is an extension of your right to self-defense and you can defend yours self when the police can't come using whatever means are available. at one point it was speers, another point it was swords now
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guns. the court referred to it as a fundamental right. that means it comes from our personhood like the right to speech and travel and worship or not to worship. but the people in chicago says it doesn't apply to us. the what value would the second amount be if cities and towns and states could take away our right to bare arms and only the federal government couldn't. >> they argue we could limit the right to keep and bear arms. state the new york city transit system. you would be hard-pressed to find new yorkers who want more gun rights on the subway systems. cities and states say there are ex ten waiting circumstances. >> couple of arguments. the same court, the very same personnel that declared this a fundamental liberty with the exception of justice sotomayor
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for justice souder, whose vows are the same, will hear this tomorrow. i think they'll clarify their opinion it applies to all governments. i think they will do that because the -- >> what -- fundamental is a code word to lawyers meaning it's a natural right and no government can interfere, subject to reasonable demands of society. a total ban would be out of the question. >> how would that effect local gun laws in san francisco and chicago. >> all the local gun laws where there's a bias against giving people the right to own guns, to have a bias in favor. if i want a gun in new york city i have to demonstrate why i'm entitled. once the supreme court rules, it would be reversed and if i want a gun, the city would have to demonstrate why i'm not entitled
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which switches the burden from me to the city to prove why i shouldn't have one. >> who sets up what case? this case is one with a different face and they're trying to say this is everybody in america. >> one of the beauties of the supreme court is you get to pick the cases you hear and they chose to hear this case. the lower courts ruled in favor of the city of chicago after the heller, the d.c. decision came down. they read it the same way the city of chicago does to mean it doesn't apply to cities and states. the supreme court said we'll clarify it. >> i'm guessing it will be the familiar 5-4 vote. >> probably. >> who do you want will write the descent. >> maybe just sis. >> shall -- justice sotomayor. >> that was what i was thinking.
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that would be president obama's involvement in the process against president bush. >> yes, justice scalia, justice stevens, president ford's appointee. he'll be with the descenters as well. >> away we go. >> do guns keep us safe in i think they do. >> yes, well, there are lots of arguments. you don't want everyone in the subway having one. >> we won't go there. >> thank you. >> twice in two months, two major e struck the western hemisphere. the question is how will the rescue efforts in chile differ from the operations in haiti and how bad is the damage in the two countries? a expert on civil engineering weighs in and "studio b" continues in 2 1/2 minutes.
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and it gives you what you're looking for to live a more natural life, in a convenient two bar pack. this is nature valley... delicious granola bars made with 100% natural ingredients. nature valley. 100% natural, 100% delicious. more on the devastating earthquake in chile. exerts now call it one of the of the strongest earthquakes ever recorded. and rescue crews have been working more than two days now to free those trapped underneath the buildings. this is the second massive quake to strike a populated area in two months. in haiti, they're in dire straits. an earthquake hit in january, near a quarter million people killed. hundreds of thousands still homeless and the country in disarray. how might the rescue between haiti and chile differ? substantially.
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professor of the civil, architectural and environmental engineering at the university of texas is with us. thank you, ma'am. good to see you. >> good to see you. >> two completely different worlds, aren't they. >> absolutely. when you look how intensely devastated haiti was on a massive scale, it's less damage on that scale in chile but parts of chile will be as bad. >> the town of con concepcion is just off there and we read the island -- actually a seaside resort of pellahuge is washed away. the challenges are many in some levels. >> absolutely. we know that coastal areas can be greatly devastated by earthquakes. both because the soils are not as good and are prone to various damage, as well as the tsunami, as you indicated. >> what are they going to need from us and the rest of those who want to help?
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>> i think you've seen it already from what has been asked for. critical facilities, hospital, are important to treat those who have been injured. then also, critical infrastructure to get around such as bridges. you saw a lot of bridges and overpasses collapsed in the earthquake. reminiscent to the 1994 north rigid earthquake or the one in california. they need to rebuild that infrastructure as quickly as possible so people can get around. >> shepard: the iconic images, the ones that stick in your mind from those two are collapsed bridges. and bridges that still have busses on them. we're seeing that in chile and you wonder how long it will before the transportation network is in order. >> those are critical lifelines and we're always concerned with those as earthquake engineers because they're the bottlenecks to getting rescue and response efforts in. and so in the u.s., we have been
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strengthening those infrastructures and we here why it's important. >> shepard: good of you to be here. ellen rathgi at ut in austin. hook 'em. >> hook 'em. >> hazardous material crews are on the scene of a i.r.s. building less than two weeks after a man flew his plane into a i.r.s. building in texas. a new discovery in the hunt for a missing teenager. the honor roll student to disappeared while jogging. reaction from one of her relatives as "studio b" continues next. ♪ ♪ [ male announcer ] all we ask is that you keep doing what you've always done. the lexus rx. never has a vehicle been designed to feel so natural.
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according to police, hazardous materials were found in -- it's 35 miles north of salt lake city, utah. hazmat teams have been there a while. the story just leaking out. there was reports on scanner traffic, so not confirmed but three pieces of -- as many as three pieces of mail may have white powder but early going and there's a lot of concern because it's an i.r.s. building. we're going to make calls and get you a live picture as soon as we can and get you an update. >> tim gaughan, thank you. cops in milwaukee say they have suspects now in a disturbing quadruple murder, as
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if any quadruple murder isn't disturbing. the suspects took a third child, an infant, and left him unharmed outside a church. investigators founded bodies at two crime scenes about ten miles apart. friday morning they found the bodies of rachel torch thompson an her sons. later that day they found the body of her roommate, 19-year-old britney robertson and suspect she was, quote, involved, unquote, in the other three deaths. they won't given us details but the puzzle is coming together. the police chief says the murders were not random. >> these homicides are the result of a small group of interconnected people known to each other. none of these events were random acts.
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>> no random acts. the future of healthcare reform efforts in washington could be decided this week. the president is expected to lay out the next steps, including a new reform plan. the question is will democrats try to pass it on their own or will they try to get help from republicans and go back to square one as republicans are asking? we'll break down how each decision could play out. that's next. st: could switchino really save you 15% or more on car insurance? host: did the waltons take way too long to say goodnight?
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>> shepard: breaking news in from chile and the disaster after the disaster. our counterpart, sky news, reports six people tied after plane carrying them to the quake-hit city of concepcion in chile crashed. aviation officials confirm the victims from an aid team on the way to organize accommodations. the plane, a piper pa31, flying from santiago, the capital torques concepcion, just down the coast. six people killed in that.
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the death toll is 723, 19 others missing, 8.8 magnitude quake which the country's president called an emergency without parallel in chile history. >> the healthcare debate rages. the big question, will the democrats go it alone? during the press briefing the robert gibbs told reporters this wednesday, day after tomorrow, the president will unveil a new reform plan and address how he wants to proceed. yesterday a top administration official said the white house may opt for an up or down vote, by paing the republican's ability to filibuster. >> healthcare reform has passed the house and senate with not only a majority in the senate but a super majority. we're not talking about changing rules. all the president's talking about is do we need to address this problem and does it make sense to have a simple up or down vote on whether or not to fix the problems.
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>> simple up or down vote. familiar village from the last administration. nancy pelosi weighed in yesterday, urging fellow democrats to support the reform plans. some republicans are still say she don't think she can get it done. >> they don't have the votes from our best count. i wouldn't count her out. they were down 24 on cap and trade the night before and they passed it by 8. the speaker is very good at making deals behind closed doors but right now they don't have the votes. >> she seems to think they to and we hear joe biden could play into the decision. with us, jordan lieberman. the vice president has a big role when things are close. >> sure does, a tie breaker. >> they need 50 and the vice president would be the tiebreaker. >> that's right. in this case, that's a recipe for near certain destruction of the democratic majority in the
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senate and house. >> shepard: that's your belief? >> if they do this, reconciliation would pass but you can expect a republican take over. >> that's because of the messages after? >> the message is of course that americans, like to slow and deliberate government process and this is only used a few times, perhaps 20 times in the last 20 years. this is by far and above the most expensive reconciliation potentially passed in congress. it's a dangerous, uncharted territory. >> we looked at when and how it was used before to be fair and of course we found george bush used it for the budgeted. >> that's right but never at the level of a trillion dollars overhaul of -- >> shepard: no. >> this is -- i think the american people are pretty clear they do not want a simple majority to pass this.
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i think they want a republican input on what comes out. >> shepard: that's a fact. the -- all polling suggests the american people don't want this done that way. what do you make of that fact, stacked up against the fact that in almost every way polled, if you talk about a public option, people want it. >> well, i think that's again -- you're playing semantics with the word. >> shepard: that is what it is. >> you can call it whatever you want. the fact is americans like having split and divided government and deliberate process but the fact is of course healthcare is broken. if we don't fix it we'll all be bankrupt. it's a tough place for barack obama. >> that's a fact. it's often left out of the debate. but you talk about ways to get this through. if in fact they did that, would a filibuster happen and is it your sense that republicans would old school style get up and read the bible or read constitution or something?
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>> it would be great political theater. but with reconciliation, it -- it's the kind of thing that can happen in the middle of the night. >> that's how it happened with bush's budget. >> right. it's a dangerous place for moderate democrats. you will see democrats who voted for the first healthcare plan oppose this on the ground they need to be reelectricked. >> barack obama said i would prefer to be a successful one-term president than less than successful two-term president. you wonder if everyone in the house and senate were consulted. >> i believe they would prefer to be reelected. i believe he would be happy losing if he gets what he wants. >> so he means no reconciliation? >> it banks -- brinks man ship
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between the house and president. there's a lot of moderate democrats who will be nervous. >> demand an up and down vote, that's the language used in the last administration. everybody that thinks these ideas are new haven't been paying attention. >> that phrasing works among a lot of people but you could say railroad willing to vital senate tradition and force something through in a way not normally the process. it's a tough way to -- it's a tough way to do this. >> shepard: there are a lot of places if you go out and read today on the nonpartisan and partisan left and right website from smart folks. a lot of them suggest this rule at this point in history seems to be making washington ungovernable. is that from a bias or is there truth? >> if you look at how
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reconciliation has been used, it's become more and more a crutch for when we can't agree on big ticket issues. it used to be for little things but it's become the nuclear option. that was never the intent of reconciliation. >> didn't look like it. it looked like it was to make sure power was restained and the senate would say not too fast when our balance of power is -- well, unbalanced. jordan lieberman. this ought to be an interesting week. thank you. >> we'll get you more on the missing honor student, chelsea king. there are reports of dna evidence a possible suspect in custody. a member of her family will join us live next. ring ring ring ring
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more on the news we brought you are earlier, a california honor roll student to disappeared a registered sex offender is in custom custody. we're joined by the girl's cousin this morning. thank you. >> you're welcome. >> the news hasn't been great today. tell i say what you have learned. >> there's no news in terms of the search and rescue effort. that continues with full force and we've got a tremendous amount of volunteers out there as well that -- the response from the community, from everywhere, including the multi-agencies, the law agencies, it's been tremendous. >> that's great to hear. i know they say they found evidence with dna on it that includes the dna of the suspect. have authorities talked to you about that? >> what i can tell you on that is that they have enough
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evidence to arrest him. physical evidence. that's all that i'll say on that. >> as far as you know, there hadn't been contact between her and this man previously, right? >> no. not at all. >> shepard: my understanding of her -- all i hear is a brilliant young girl who just loved to go run and nobody has a clue about what would have happened. >> no, she is an amazing girl. she's an avid runner, she ran for cross-country for high school. she loved to go run and did it regularly. she didn't necessarily run in this particular area on a regular basis so we don't believe she was familiar with the park but she loved to run and just cool her head between the various activities throughout the day and just an amazing girl. youyou can probably tell by her
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pictures, she's intelligence, excellent academic student, volunteer peer counselor with her school and getting ready to decide on what college to attend. she has her whole life ahead of her and we can't wait to get her back. >> i know you can't. stephanie dorian, chelsea's cousin working hard to find her and volunteers who don't but will. >> absolutely. >> goode good good luck to you d your family. >> thanks. >> guess whose back tonight? the olympics are over. con non's gone and that means jay leno, he's blue. look -- no, his much anticipated return to the tonight show. who is sitting on the couch? what and all-star lineup.
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we'll give you the details coming up. @=h
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>> shepard: new pictures of ogden, utah where hazmat teams responded to a i.r.s. office dealing with a possible chemical situation. they suggest a white powered was found in the mail at the facility. when we get new information we'll bring it to you. bear alert. word of two rare births at the
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national zoo in d.c. the zoo says the four-year-old bear here gave birth to two cubs in january. and the bears are native to south america and they're listed as a vulnerable species. the new cubs are the first born in north america since 2005. they won't be on public display until the spring. until then we have trampoline bear. jay leno is heading back to his old job at the tonight show after a failed attempt at the 10:00 p.m. slot. leno is replacing conan o'brien who had the "tonight show" just seven month temperature puts jay leno back in competition with david letterman who consistently beat the "tonight show" but leno has a star-studded l

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